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1 4.0 BACKGROUND: <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />--� <br />..-_ <br />4.1 Section 1012.09A states: The City Council may authorize an interim use of property. <br />Interim uses may not be consistent with the land uses designated on the adopted Land Use <br />Plan. They may also fail to meet all of the zoning standards established for the district <br />within which it is located. <br />4.2 Section 1012.09B states: The City Council may attach conditions to Interim Use Permits. <br />In reviewing Interim use Permit applications, the City will establish a specific date or <br />event that will terminate the use on the property. The Council will also determine that the <br />approval of the interim use would not result in adverse effects on the public health, safety, <br />and general welfare, and that it will not impose additional costs on the public if it is <br />necessary for the public to take the property in the future. <br />4.3 Mark Theobald seeks the requested INTERIM USE PERMIT to utilize a tenant space <br />within the structure at 2579 — 2605 Fairview Avenue for the purpose of baseball and <br />softball training and instruction. The interior would be improved to include artificial turf <br />and moveable nets to support up to three batting cages. Most of the training and <br />instruction would occur during the off-peak business hours or from 4 to 10 pm. <br />4.4 <br />4.5 <br />5.0 <br />The subject property has a zoning of Light Industrial (I-1) and a Comprehensive Land <br />Plan designation of Industrial (I). <br />The applicant has submitted the attached narrative to further support the requested <br />INTERIM USE PERMIT. <br />STAFF COMMENTS: <br />5.1 The City Planner has reviewed the request under that context of use, location, and impact, <br />and although the property lies across the street from the James Addition, the Planner has <br />concluded that the proposed use would create little or no impact to the surrounding <br />neighborhood. <br />5.2 Traffic to the site would occur mostly during off-peak hours, creating little or no impact <br />to Fairview Avenue. It is anticipated that session enrollment would be around 12 <br />students ranging in age from 8 to 22 years old. It is also anticipated that a number of the <br />students would car-pool and be driven by parents. <br />5.3 The Planning Division has reviewed the Code and determined that this type of use <br />(softball/baseball training and instruction) is most appropriate in an industrial district due <br />to the uses need of open warehouse space with tall ceiling heights and the off-peak hours <br />of use. <br />5.4 Unlike most interim use permits, where potential impacts are mitigated by conditions and <br />limited timeline, this request does not present those same issues or concerns. As such, <br />staff is seeking an extended expiration/renewal date of 5 years. <br />PF07-042_RCA_081307.doc Page 2 of� <br />